Bonum Certa Men Certa

The Microsoft-Gartner Deal (Analysts Cartel Part I)

“Analysts sell out - that’s their business model… But they are very concerned that they never look like they are selling out, so that makes them very prickly to work with.”

--Microsoft, internal document [PDF]



WE HAVE WRITTEN extensively over the past couple of years about the Gartner Group and how it really operates [1, 2, 3].



This post is part of a series that explores antitrust exhibits where Gartner and other analysts are looked at more closely.

We start with Comes vs. Microsoft Exhibit PX09701 (May 2004) [PDF], which contains details about the Gartner deal, along with some figures.

Included in this correspondence, which is added in full at the bottom, we have Gerri Elliott, who worked on changing the law against Free software in education [1, 2] and Bill Veghte (alias billv), who fights against GNU/Linux with EDGI, as we showed yesterday.

Among the recipients we have Susan Hauser, who is now using FUD to market the Microsoft/Novell deal [1, 2].

In this 2004 Microsoft-Gartner deal, worth paying attention is the part where Microsoft says: "I agree that we cannot have them [Gartner] order naked PCs."

To quote with context:

I agree that we cannot have them order naked PCs. That won’t work.

You might decide to have them order the PCs with windows pre-installed and then rebate them back some money or credit for other software.


Here are some numbers (we'll come to this in future parts):

Thanks seems clear, BTW I am carrying about $500K in my budget for next year to pay for this as one of 4 deals mike made that we need to work out of over the next 3 years.


Another tidbit:

The issue is the first concession, the granting of 3,700 Windows XP Professional Upgrade OS Licenses. Gartner is refreshing a portion of their desktops with IBM as the installer/SI. Gartner wants to use the upgrade license on these new Desktops without buying an underlying OS/license from the OEM, which we have never conceded to a customer. Our Windows Upgrade license requires an underlying OS from an OEM. Kevin has tried to position that he has Windows 2000 on the original desktops and wants to transfer the OS. We do not allow transfer of OS.


The correspondence, in full, is below.




Appendix: Comes vs. Microsoft - exhibit px08592, as text








From: Kevin Johnson Sent: Thursday, May 27, 2004 2:19 PM To: Rick Devenuti; Gerri Elliott; Bill Veghte Cc: Brian Boruff; Susan Hauser; Paul Houghton; Alain Crozier Subject: RE: Kevin Volpe/Gartner

Gerri, you and rick should decide how to handle

I agree that we cannot have them order naked PCs. That won’t work.

You might decide to have them order the PCs with windows pre-installed and then rebate them back some money or credit for other software.

I was not aware of the deal mike made. This is really bad. I hope it is documented somewhere so that it is clear both to us and to the customer what the commitment was.

We do need to honor the spirit of the commitment but be careful in how that is done. Rodrigo can also help out if you need oem advice.

thx




From: Rick Devenuti Sent: Wednesday, May 26, 2004 8:10 PM To: Gerri Elliott; Kevin Johnson; Bill Veghte Cc: Brian Boruff; Susan Hauser; Paul Houghton Subject: RE: Kevin Volpe/Gartner

Thanks seems clear, BTW I am carrying about $500K in my budget for next year to pay for this as one of 4 deals mike made that we need to work out of over the next 3 years.

Do we want to wait for the call, or is one of us on point to get back to him? You want me to do this as Mike’s replacement?




From: Gerri Elliott Sent: Wed 5/26/2004 6:23 PM To: Kevin Johnson; Bill Veghte; Rick Devenuti Cc: Brian Boruff; Susan Hauser; Paul Houghton Subject: FW: Kevin Volpe/Gartner

You may be getting a complaint phone call from Kevin Volpe, CIO of Gartner. Here is the issue. Last November, as part of working an Exchange critsit, Mike Sinneck granted Gartner the following:

o Upgrade of licenses for Windows XP on 3,700 machines o Exchange 2003 CALs for 3,700 machines o $1 Million of MCS Services

NS-CC-RN 000001235850 HIGHLY CONFIDENTIAL

9701 Comes v. Microsoft




o Several Hundred Thousand Dollars of Premier Services o Exchange 2003 Server Licenses o Relinquished the title to hardware/servers to Gartner for them to use to construct a lab

The issue is the first concession, the granting of 3,700 Windows XP Professional Upgrade OS Licenses. Gartner is refreshing a portion of their desktops with IBM as the installer/SI. Gartner wants to use the upgrade license on these new Desktops without buying an underlying OS/license from the OEM, which we have never conceded to a customer. Our Windows Upgrade license requires an underlying OS from an OEM. Kevin has tried to position that he has Windows 2000 on the original desktops and wants to transfer the OS. We do not allow transfer of OS.

Kevin’s position is that this is not what Sinneck told him or the spirit of our agreement. His position is that he understood that he wouldn’t have to pay for the environment and that it should not matter that these are replacement desktops. Kevin believes they are entitled to the ability, to acquire naked PC with no underlying Operating System.

We have been very flexible with this refresh, confirming in an email (attached) that Gartner can purchase a very inexpensive OS, such as Home Edition and use these upgrade rights. IBM is holding very firm with Gartner that shipping naked PCs would violate the OEM agreement with MS.

My position is we need to stay firm on this issue given the extent of our concessions above and the exposure to other customers and OEMs if we concede this point with Gartner. Please let me know if you have a differing view. Thanks all.

Regards,

Gerri

Office: (425) 707-2042

7/14/2005

MS-CC-RN 000001235851 HIGHLY CONFIDENTIAL


Recent Techrights' Posts

When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
 
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026